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Immigration News Texas Judge Stopspresindet’s Executive Action On Immigration

By Author: Rayford Marks
Total Articles: 193

Immigrant rights’ advocates awoke Tuesday morning to the disappointing immigration news that U.S. District Court Judge for the Southern District of Texas, Andrew Hanen, has issued a temporary injunction blocking the U.S. Department of Homeland Security (DHS) from implementing President Obama’s Executive Action on immigration reform. The lawsuit by 26 states, nearly all led by Republican governors, asked the federal judge to halt the expansion of the Deferred Action for Childhood Arrivals (“DACA”) and new Deferred Action for Parental Accountability (“DAPA”) programs, alleging that the programs violate the President’s duty to “faithfully execute” the laws of the U.S. The lawsuit further alleged that implementation of the expanded DACA and DAPA programs would cost the states significant sums in education and medical expenses and encourage future unauthorized immigration.

In his decision, Judge Hansen acknowledged his ruling runs contrary to Supreme Court and Fifth Circuit Appeals Court precedent that holds that executive enforcement decisions are generally non-reviewable. Judge Hanen distinguishes his decision, however, by arguing that the decision to not deport someone and the decision to affirmatively offer immigration benefits to a whole class of individuals are two different things. Judge Hanen’s decision will temporarily block the expanded DACA and DAPA programs but leaves in place the original DACA program announced in June 2012. The White House has indicated its attorneys plan to file an appeal to the Fifth Circuit. However, plans to begin accepting expanded DACA applications on Wednesday, February 18 have, for the time being, been cancelled.

The immigration attorneys at Charlotte Immigration Law Firm remain optimistic that President Obama’s DACA and DAPA initiatives on immigration reform will ultimately be found to be constitutional and that they will be implemented in the coming months. We will continue to monitor the news and advise our clients accurately on the rapidly changing world of immigration law and procedure.

About us: Charlotte Immigration Law Firm is a boutique legal practice focusing exclusively in the area of immigration and nationality law. Opened in 2009, the Firm handles a full range of immigration matters, including employment and family based immigration petitions, removal defense, and appeals. Our immigration lawyers in charlotte nc and legal staff help aspiring Americans, their families, and their employers navigate the complexities of U.S. immigration law. We represent our clients before U.S. Citizenship and Immigration Services (“USCIS”), the Executive Office for Immigration Review (“EOIR” or “Immigration Court”), the Board of Immigration Appeals (“BIA”), and consular posts around the world.

We provide affordable immigration advice and representation to individuals, families and companies locally and worldwide. As your Immigration Lawyers in Charlotte we strive to construct personalized legal strategies for our clients, and deliver quality advice and competitive services in a trustful, honest, and professional manner. Our Immigration Lawyers Charlotte NC offer clients absolute confidentiality, a rigorous and innovative approach to your legal problems, while the firm's light structure allows for undivided personal attention and affordable representation.

If you need assistance with any immigration matter, please contact our Immigration Lawyers Charlotte NC. Our Immigration Lawyers Charlotte provide business immigration advice and representation locally and worldwide.

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